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2025 DAILYLAW 177570 (ALL)

BABADEEN v. SMT. LAJJAWATI AND 2 OTHERS

A227/6812/2025 · 2025-11-21

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6812 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Padmanabh Tiwari, the learned counsel for the petitioner. 2. Keeping in view the nature of relief sought and the order proposed to be passed, issuance of notice to the opposite parties is dispensed with. 3. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Additional Civil Judge, S.D. Court No.43 Lucknow to decide Execution Case No.23 of 2018 expeditiously. 4. The aforesaid execution application was filed by the petitioner for execution of a decree dated 08.12.2017, on 05.04.2018. On 16.07.2018, the executing court issued a writ of possession under Order 21 Rule 35 CPC and directed the Amin to submit a compliance report by 30.07.2018. 5. Learned counsel for the petitioner has submitted that the judgment debtor has filed an application under Section 47 CPC, which already stands dismissed way back on 03.01.2023. However, the decree holder is yet to get usufruct of the decree. 6. In these circumstances, the instant petition is disposed off by issuing a direction to Additional Civil Judge, S.D. Court No.43 Lucknow to decide execution case No.23 of 2018 expeditiously, in accordance with law, without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals. November 21, 2025 -Amit K- Versus Counsel for Petitioner(s) : Vikas Chandra Dwivedi, Padmanabh Tiwari Counsel for Respondent(s) : (Subhash Vidyarthi,J.) Babadeen .....Petitioner(s) Smt. Lajjawati And 2 Others .....Respondent(s) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench